The bizarre far-right coup attempt in Germany, explained by an expert

“The plot originated out of a movement called the Reichsbürger — literally, “Reich citizens.” They believe that every German state since World War I has been illegitimate, a corporation rather than an authentic government, and thus feel entitled to ignore its laws. It’s not the first time the group has been implicated in a violent incident. In 2016, one alleged member killed a Bavarian policeman; in 2020, Reichsbürger adherents participated in an attempt to storm the German capitol during a protest against Covid restrictions. But a sizable armed cell plotting a coup takes the dalliance with violence to a whole new level (even though Heinrich isn’t much of a prince).”

“What [the Reichsbürger] are saying is the last valid German state was under the Kaiser, basically an aristocratic form of government. Every German state that came into existence after that is invalid for different reasons, but they’re all invalid. They’re all illegitimate. Basically, what they are trying to recreate, what they are trying to go back to, is essentially a monarchical system — the monarchy [that] ended in Germany with the defeat in World War I.
As a consequence, they do sometimes attract these failed aristocrats who are still aggrieved about the end of the monarchy over 100 years ago. I think it makes sense, from their ideological point of view, to say, “The new head of state has to be some kind of prince, has to be some sort of person with an aristocratic line.””

“The German security agencies only really got interested in this phenomenon of the Reichsbürger, or sovereign citizens, in 2016 — [when] a policeman was killed in Bavaria because they wanted to search the property of a supporter of the movement. Suddenly, people started asking questions: Why was that policeman killed? Why did the guy have a weapon? What was that search about?

As a result of that, for the first time we discovered that there was such a thing as the sovereign citizen movement [in Germany]. Security agencies started digging, and at the beginning of 2016, they said, “They have a few hundred supporters.” Only two or three years later, they actually came to the conclusion that they were probably up to 20,000 supporters across the country.

That’s not because, in those three years, the number increased so much. It’s because no one had looked for them and categorized them as a separate category before. It became obvious that there was a whole movement that had existed beyond that, that hadn’t been looked at before.

Then [the pandemic] came. The lockdowns and the rules around masks and vaccinations were, of course, a complete boon for the movement.”

“the second most used language in QAnon chat rooms on Telegram is German. The second most translated language of QAnon videos and documents is German. I myself follow a lot of German QAnon Telegram channels; a lot of people seem to be very fascinated by it.

I don’t know of any personal, physical connections between leaders of the movements, but there certainly seems to be a lot of inspiration. Once they understand and accept that a lot of this comes out of an American context, they are trying to find ways to translate it into a German context.

In August 2020, there was an attempt to storm the Reichstag, the German parliament. It was in the context of a demonstration — 100,000 people in the streets of Berlin. Some of these Reichsbürger were actually trying to enter the building, just like the Capitol [on January 6]. They basically afterward said that they’d been convinced that Donald Trump was in town, that he’d secretly flown to Berlin in order to liberate Germany. This was one of those rumors that was spread on QAnon follower Telegrams.”

” We have a very fixed idea of what a far-right extremist looks like, because of our history. A far-right extremist is a neo-Nazi; anything that doesn’t fit into that box of neo-Nazi or fascist, we have problems with, and we don’t recognize. Up until they [the Reichsbürger] killed that policeman in Bavaria, most intelligence agencies basically had them under the category of nutcases, crazies. But they had their own far-right, albeit separate, ideology — a very strange ideology.”

The coup in Sudan, explained

“Sudan’s move toward democracy is in peril, after the military seized control of the country’s transitional government in a coup.

The country’s democratic project began just two years ago, after Sudan’s longtime dictator Omar al-Bashir was ousted amid mass protests in 2019. Civil society and protest leaders and the military ultimately reached a power-sharing arrangement that put both in charge of the country with the commitment of transitioning to full civilian rule, which would lead to a new constitution and elections in 2023.

[The] coup has upended that entire endeavor, fracturing what was already a tenuous arrangement between the military and civilian factions and jeopardizing any gains made. Lt. Gen. Abdel Fattah al-Burhan, Sudan’s top general, orchestrated the power grab, detaining the civilian prime minister Abdalla Hamdok and other civilian leaders, and firing ambassadors who resisted the takeover.

But the coup also reignited resistance, as protesters returned to the streets in cities and towns across Sudan to denounce the military takeover. The Sudanese military shut down the internet, making it difficult to fully understand the scope of the resistance — and the security forces’ response to it — especially outside major cities like Khartoum. At least 170 people have been injured, and at least seven people killed in Monday’s protests, according to data compiled by the UN Office for the Coordination of Humanitarian Affairs (OCHA). Some pro-democracy leaders have reportedly been detained.”

The political crisis in Tunisia, explained by an expert

“Over the weekend, President Kais Saied fired the country’s prime minister and suspended Parliament in what his political opponents have called a coup. But he says the move was justified after thousands of Tunisians took to the streets in recent days to protest the government’s handling of the pandemic, which has deepened the country’s economic woes.

Supporters of the president cheered his ousting of Prime Minister Hichem Mechichi and other government ministers, but those celebrations turned to clashes when those who opposed Saied’s moves also took to the streets to protest.

“One of the big question marks is: Is this a coup?” said Sarah Yerkes, a former State Department and Pentagon official and now a senior fellow in Carnegie’s Middle East Program who focuses on Tunisia. That’s a question a lot of people are asking right now, and it doesn’t actually have a straightforward answer, in part because democracy in Tunisia is still very new.”

“The president has, I would say, extralegally, or outside of normal legal channels, fired the prime minister. He is allowed to do that, although he has to consult with Parliament — but he also suspended Parliament. And so that is certainly not something he’s allowed to do.

He has fired other ministers, too. So he declared himself kind of the chief executive. He normally functions as the head of state, and then the prime minister is the head of government. The president, in normal times, just has control over foreign affairs, defense, and national security. The prime minister oversees everything else. But now the president is overseeing everything.”

“When the president made the declaration, he said he was following Tunisia’s Constitution. There is this article, Article 80, that allows the president to take on emergency powers. But I’ve been following various Tunisian legal experts on social media and through other conversations, and it seems that Article 80 does not really apply to how the president carried things out.”

Biden announces sanctions on Myanmar’s military in response to the coup

“President Joe Biden has announced that the United States is imposing sanctions on Myanmar’s military following its overthrow of the country’s civilian leadership in a coup last week.

“Biden detailed a three-pronged response his administration would be pursuing. The first is an executive order that imposes sanctions on the military leaders who organized and launched the coup, as well as their business interests and close family members.”

“The Biden administration will also block the regime from accessing its roughly $1 billion held in the US, though American funding for civil society groups and the most vulnerable will continue. And it will impose new export controls and freeze unnamed assets that could benefit Myanmar’s military-led government.”

“For Biden to end these reprimands, he said the military should relinquish the power it seized and allow Myanmar to go back to the more democratic government it overthrew.”

“Myanmar has toggled between military and civilian leadership since 1948, though the Tatmadaw, as the country’s armed forces are formally known, has remained the most powerful institution the entire time. The US and other nations thus placed sanctions on Myanmar for decades, hoping those punishments would compel the generals to enact pro-democracy reforms and stop abusing human rights.

They worked, at least for a time. Suu Kyi, under house arrest since 1989 for leading a pro-democracy movement against the military, was finally released in 2010. Then the junta gave up some of its control in 2011 and governed alongside Suu Kyi’s NLD.

That arrangement was quasi-democratic at best”

“the NLD grew popular, trouncing the military’s political arm during the 2015 legislative election — leading the US to lift sanctions the following year — and then again in 2020. It proved Suu Kyi and her pro-democracy party were not only popular, but also had a mandate to strip the military of its autocratic authorities. It helped that the US and other countries lifted the sanctions due to Suu Kyi’s leadership.
That in part led her to seek bolder reforms. In March 2020, for example, Suu Kyi proposed reducing the number of allocated seats for military officers in Parliament. She received majority support for the measure in the legislature — but the Tatmadaw vetoed the move.

Ultimately, Suu Kyi’s growing influence and threat to the military’s hold on power led the Tatmadaw to launch a coup, hours before a new NLD-led Parliament was scheduled to sit for the first time.”

U.S. warns Myanmar’s military it’ll be punished for coup

“According to reports from the region, the Myanmar military has taken into custody several top civilian leaders, including Aung San Suu Kyi, the Nobel Peace Prize laureate and democracy activist whose political party has won recent elections. In a televised statement, the military said that it had taken control of the country and declared a state of emergency for one year.

The military has been unhappy with the outcome of elections in November in which Suu Kyi’s party did well, while the military-backed party fared relatively poorly. The military is alleging voter fraud. Myanmar’s new parliament was due to convene Monday for its first session.

In a statement late Sunday, White House press secretary Jen Psaki said the United States is “alarmed” by the reports.

“The United States opposes any attempt to alter the outcome of recent elections or impede Myanmar’s democratic transition,” Psaki said, adding that the U.S. “will take action against those responsible if these steps are not reversed.””

No, Flynn’s Martial Law Plot Isn’t Sedition. But It’s Not Necessarily Legal Either.

“Flynn had recently appeared on the far-right outlet Newsmax suggesting that Trump could order “military capabilities” to “rerun an election” in swing states, and that “[m]artial law has been instituted 64 times.” Meanwhile, Arizona GOP Chair Kelli Ward urged Trump to “Cross the Rubicon” and impose martial law to claim an election that the Electoral College, not to mention several dozen court rulings, has now certified he lost.

Public reaction to Flynn’s “coup” proposal — which he’d shared previously through a press release on Twitter from the right-wing group “We The People” (tagline: “Freedom never kneels except for God”) — have been furious and damning.”

“There’s a buffet of sedition statutes (18 U.S.C., sections 2383 through 2385) which have some potential relevance here. Section 2383 makes it a crime to incite or assist in a rebellion against the United States or give comfort to those who incite an insurrection. Section 2384 carries a 20-year jail term for seditious conspiracy, which requires an agreement between two or more people to “overthrow, put down, or to destroy by force the Government of the United States … or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States.” The third provision, 2385, makes it a crime to “knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States.” The statute goes on to criminalize the intentional publication or circulation of any printed matter advocating the desirability of overthrowing the U.S. government. (Thirteen states also have their own laws banning “criminal anarchy.”)

Historically, sedition laws have been used to target critics of the government, and some of those prosecutions have run afoul of First Amendment protections. But the First Amendment does not uniformly protect speech if it incites violence.

Was Flynn inciting violence by proposing the military be used to seize voting machines? During the now-infamous Oval Office meeting, chief of staff Mark Meadows and White House counsel Pat Cipollone protested vehemently, but were there two or more people in agreement to overthrow the government? Was Flynn’s social media campaign a violation of the rule against circulating any printed matter advocating the overthrow of the government?

This is where the current sedition laws begin to seem inadequate to the task of responding to Flynn’s unprecedented proposal.

First, there is the problem of “sedition against what?” Usually, it’s the sitting government, which means that one could make a strong argument that it’s impossible for Trump to be involved in a seditious conspiracy so long as he’s the sitting President. Second, no one has ever been successfully prosecuted under the sedition statutes for exhorting a sitting president to perform an illegal act, with or without the president’s connivance.”

“The First Amendment protects free speech, but in 1969 the Supreme Court held in Brandenburg v. Ohio that “the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” (Emphasis mine.)

Martial law is not mentioned in the Constitution. Nor is it authorized by any act of Congress. The Supreme Court has never directly held that the federal government has the power to impose martial law. Although the Insurrection Act allows the president to use armed forces to “suppress” an insurrection and restore immediate law and order upon the request of a state legislature or governor, an 1878 law called the Posse Comitatus Act otherwise forbids the use of the military for domestic law enforcement. A criminal statute puts members of the military who prevent or attempt to interfere with voters “exercising the right of suffrage” at risk of going to prison for up to five years.”